PRESS RELEASE
DATED:16-12-2008

J&K High court Bar Association express its deep concern on Government apathy in failing to produce the undertrial prisoners before the courts on due dates for hearing as fixed by the courts. It is pertinent to mention that from respective jails, the Jail Authorities and the concerned security officials are not producing the undertrials before the courts for trial which results in unjustified delay in regular trial of the cases and the concerned detainees are subjected to punishment before trial by this long delay. This act of the jail authorities and the concerned officials is illegal and unconstitutional being open aberration of mandate of article 21 of the constitution of India besides being contempt of the court as the said security authorities are failing to produce the undertrial prisoners despite the court orders in this behalf. This apathy on the part of the govt. has created serious concerns in the mind of undertrial prisoners, besides hampering the course of justice.

Today in several jails the detainees have lodged a strong protest against this lapse on the part of the concerned authorities by observing hunger strike especially in Central Jail Srinagar. The General Secretary of the Bar Association namely Advocate G. N. Shaheen has taken up the matter with the Chief Judicial Magistrate Srinagar and briefed him about the entire situation in jails and which has also created a chaotic situation in the courts. The Chief Judicial Magistrate Srinagar has assured the Bar Secretary to take up the matter with the relevant security authorities and the Director Prosecution.

Jammu and Kashmir High Court Bar Association feels it appropriate to express its concern on the sad situation and places it on record that the Hon’ble High Court in its number of orders have observed these lapses on the part of relevant authorities and had passed directions from time to time to ensure speedy justice to the undertrial prisoners, by ensuring their attendance before the courts by the jail authorities. However, the Bar Association is of firm opinion that the Director Prosecution and other concerned security officials are not obeying the trial court orders or the Governing directions passed by the Hon’ble High Court. The Bar Association will take up the matter with the Hon’ble Chief Justice of High Court and will seek his intervention in the matter.

G.N. Shaheen
General Secretary,
J&K High Court Bar Association.
Dated : 16.12.2008